If you believe you have nowhere to live or are about to lose your home, we may be able to offer you advice on other options to prevent your homelessness. The Housing Advice Team is committed to helping people resolve their housing problems and, if you are homeless, or feel you are threatened with homelessness, you should call 01803 861234 and ask to speak to a Housing Options Officer as soon as possible.
If I believe that I am homeless or threatened with homelessness can I get help?
Under the 1996 Housing Act (Part VII, Homelessness) a local authority must secure that accommodation is available to a person or persons who it considers:
- Are homeless or under threat of becoming homeless within 28 days.
- Are in priority need.
- Did not make themselves homeless.
- Have a local connection with the area
In addition the Homelessness Act 2002 which became law in July 2002 restored Homeless Persons rights to a permanent home
How do I know if I will be considered as being homeless or under threat of homelessness?
The homelessness law covers more than being out on the streets. You will be considered homeless or under threat of homelessness if:
- You have nowhere to live in the United Kingdom or elsewhere.
- You are afraid to go home because someone living there has been or may be violent to you or your family.
- You have nowhere you can live together with all your family.
- You do not have the owner's permission to stay, e.g. you are a squatter.
- You have been locked out of your home.
- You have somewhere to stay but it is not reasonable for you to do so, e.g. following violence, threats of violence or harassment.
- Your home is a boat, mobile home or caravan and you have nowhere to put it.
- You have been given Notice to Quit by your landlord.
- You have been taken to Court by your mortgage lender for arrears and the Court has said you must leave.
- You have been living with friends or relatives and they have asked you to leave.
How do I know if I will be in priority need?
The Council will consider you as being in priority need if:
- You have dependant children living with you (usually up to 16 years, but up to 19 years if still in full-time education).
- You or someone you live with is pregnant.
- You have a serious medical condition, either physical or mental, which makes you vulnerable.
- You are homeless as a result of a flood, fire or other disaster.
- You are vulnerable for some other reason
- You are 16 and 17 years old or a Care-leaver aged 18, 19 or 20 years old
- You are someone who is vulnerable as a result of fleeing violence (or threats of violence).
- You are vulnerable as a result of spending time in the armed forces or having been in prison or remanded in custody.
N.B. If you are not in priority need the Council must still give advice and assistance to help you find somewhere to live or to keep your home, and you may still be able to register on the Housing Register. If you are in priority need the council will find you accommodation whilst enquiries are made into your application.
How do I know if I have made myself intentionally homeless?
This means the Council thinks you chose to leave a home which you could have stayed in, or that it was your fault that you lost your home, or you unreasonably failed to take up accommodation which was available to you.
This would apply if:
- You chose to sell your home when there was no risk of losing it.
- You lost your home because of wilful and persistent refusal to pay rent or mortgage payments.
- You have neglected your affairs having disregarded advice from a qualified person.
- You voluntarily gave up adequate accommodation in this country or abroad without first having found secure accommodation to move into, when it would have been reasonable for you to stay there.
- You have been evicted for anti-social behaviour.
- You have voluntarily resigned from a job with tied accommodation where circumstances indicate it would have been reasonable to continue in the employment.
- You entered into an arrangement causing you to leave accommodation which was otherwise available to you.
What is a local connection?
The Council will accept you as having a local connection if:
- You live, or have lived, in the area for some time. (Usually 6 months in the last year, or 3 years in the last 5).
- You have a permanent job in the area.
- You have a close relative who has lived the area for some time. (Usually 5 years).
- You need to live in the area for some special reason, e.g. special school, hospital
N.B. Time spent in armed forces accommodation, college, prison, hospital or temporary accommodation does not count as residence in the area. If you do not have a local connection with the Council it can transfer the duty to house you to another Council where you do have a connection.
How will I know if I am entitled to assistance?
Having completed its enquiries, if the Council is satisfied that you are homeless, in priority need, unintentionally homeless and have a local connection then it has a duty to secure that accommodation is made available to you until you receive an offer of permanent housing from a housing association or you find other accommodation in the private sector.
NB. If the Council is satisfied that suitable accommodation is available in the South Hams its only duty is to provide advice and assistance to help you secure the accommodation. If you are on a low income the Council may be able to provide you with a deposit guarantee. Contact the Housing Advice Section for more infomation. If the Council decides to secure accommodation for you this is most likely to be in private leased accommodation or short life housing.
The accommodation you are given will depend on your circumstances and availability. If the Council accepts it has a duty to provide temporary accommodation you will be entitled to go on the Housing Register.
If you are homeless the Council has a duty to provide you with advice about how to find your own home. Here are some ideas that might help you:
Have you done everything reasonably possible to stay in your current home?
Staying in your current home
- If you are renting accommodation and having difficulty paying for your home you may be entitled to Housing Benefit. If you are experiencing difficulties managing your money it may help to speak to the Citizens Advice Bureau who provide a debt counselling service.
- If you live in a rented property which is badly maintained your landlord may have a duty to put the problems right. The Council's Environmental Health Department may be able to advise you.
- If you own a property which you are currently letting, you should serve Notice to Quit on the current tenants. Your solicitor should help you with this.
Practical steps to finding a home
a) Short term:
- Find out if any of your friends or relatives would be prepared to let you stay temporarily.
- If you are a man you could try a night shelter, which can provide emergency overnight accommodation.
b) Long term:
- Local Newspapers normally have a section in which people advertise accommodation to let.
- Contact letting agents and leave a name and contact number even if they don't have any accommodation available straight away.
- Let all your friends and family know that you are looking for somewhere to live in case they know or hear of any accommodation that might be suitable for you.
- If you meet the criteria in the Council's published allocation scheme, complete the application form for the Council's Housing Register. However, whether or not the Council will eventually house you depends upon how many points you have in comparison with other applicants.
Paying for your Home
Once you have found somewhere to live you may be entitled to assistance to help pay for your accommodation. Please view the Housing Benefit pages for more information.
